Zoning – Easements

Where a number of plaintiffs (the “Summary Judgment 1 Plaintiffs” and the “Trial Plaintiffs) claim an easement by implication and an easement by prescription in Yarmouth’s Hyannis Park beach, I find: that Security Investment Corporation and Dennis B. Kelleher, as the original grantors of all lots in Hyannis Park, intended to grant rights in the beach to all lot owners in Hyannis Park; that the express right of way contained in the deeds to Summary Judgment 1 Plaintiffs did not negate the intention of Security and Kelleher, as the original grantors, to grant rights in the beach to all lot owners in Hyannis Park; that … defendant Jeanne M. O'Connor’s property is subject to Summary Judgment 1 Plaintiffs' implied easement to use the beach; that Summary Judgment 1 Defendants were not bona fide purchasers without notice of Plaintiffs' implied easement in the beach; that Summary Judgment 1 Plaintiffs who own lots originally deeded out prior to the September 1895 revisions to the 1892 Plan do not have a right to use Stone Avenue to access the beach; that Summary Judgment 1 Plaintiffs have not abandoned the Easement; that … Graveline Trust's use of the Graveline beach is not irreconcilable with the rights of Summary Judgment 1 Plaintiffs to exercise the Easement; that … Graveline Trust cannot show any period of exclusive use of the Graveline beach for a period of twenty years; that … Graveline Trust has not extinguished the Easement, as it relates to the Graveline beach, through prescriptive use; that neither Summary Judgment 1 Plaintiffs’ nor the Graveline Trust's claims were barred by laches; that the Shah Tidal Creek and the Shah Tidal Creek beach are two separate parcels; that Trial Plaintiffs have a right to use the Shah Tidal Creek beach for usual beach purposes; that an easement by implication exists in favor of Trial Plaintiffs to use the Shah Tidal Creek to fish, swim, play, and perform other similar recreational activities; that the Shah Tidal Creek was encumbered by the Shah Tidal Creek Easement prior to a 1906 Deed, and thus Trail Plaintiffs have rights to use the Shah Tidal Creek; and that the Shah Trust has not extinguished the Shah Tidal Creek Easement or the Easement relative to the Shah beach.

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